Historic Environment (Wales) Act 2023

104 Determination of appeal

(1) On an appeal under section 100 the Welsh Ministers may—

(a) allow or dismiss the appeal, or

(b) reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

(2) Where the appeal was made under section 100(3) (failure to give notice of decision) and the planning authority has not given notice under section 103(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

(3) On an appeal under section 100 the Welsh Ministers may also exercise their power under section 76 to de-list the building to which the appeal relates.

(4) Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals (including provision for them to be determined by persons appointed by the Welsh Ministers).

(5) The decision of the Welsh Ministers on an appeal is final.